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TC Minutes 02-27-2007MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD FEBRUARY 27, 2007 A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. 'Mayor Ron Wolfe called the meeting to order at-5:30 PM. A roll call was taken and Council members present were Rich Carroll, Dave Dantas, Kristi Ferraro, Amy Phillips, Brian Sipes, and Tamra Nottingham Underwood. Also present were Town Attorney John Dunn, Town Manager Larry Brooks, Town Clerk Patty McKenny, Town Engineer Norm Wood, Finance Director Scott Wright, Police Chief Brian Kozak, Community Development Director Eric Heidemann and Public Works/Transit Director Bob Reed as well as members of the press and public. APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST Mayor Wolfe noted that two resolutions would be revised & submitted during that discussion. ORDINANCES John Dunn, Town Attorney, presented Ordinance No. 07-01, Series of 2007, Second Reading, Ordinance amending Chapter 8.24 of the Municipal Code of the Town of Avon relating to Public Nuisances. He noted that the revisions to the code related to nuisances on private property and provided for further recourse with this action. No changes were made after first reading. Mayor. Wolfe. opened the public hearing, no comments were heard & the hearing was closed. Councilor Underwood moved to approve Ordinance No. '07-01, Series of _2007, amending Chapter 8.24 of the Municipal Code of the Town of Avon relating to Public Nuisances; Councilor Phillips seconded the motion and it passed unanimously. Brian Kozak, Police Chief, presented Ordinance No. 07-02, Series of 2007, Second Reading, Ordinance Amending Chapter 6.04 of the Municipal Code of the Town of Avon relating to licensing and vaccinations of Dogs & Cats. He noted that this proposed legislation related to animal control and noted the specific changes, i.e. dog licensing, etc. He presented a draft mailing that would go out to residents and a policy on the internal enforcement strategy. It was suggested that the mailing be sent to both full-time & part-time residents, all lodges, with both Avon & Vail addresses. Discussion ensued about the value in keep tracking of these citations, in light of issuing warnings. Mayor Wolfe opened the public hearing, no comments were made, the hearing was closed. A review was made of the "Avon Police General Order" which addresses the proposed chain of enforcement actions' based on types of scenarios related of violations. Councilor Phillips moved to approve Ordinance No. 07-02, Series of 2007, Second Reading, Ordinance Amending Chapter 6.04 of the Municipal Code of the Town of Avon relating to licensing and vaccinations of Dogs & Cats. Councilor Carroll seconded the motion and it passed unanimously. RESOLUTIONS Bob Morris, Deputy Eagle County Attorney, Jena Skinner-Markowitz, County Planner, and Syd Fox, Fox & Company, representing the applicant who is Travis Nottingham (parent Bill Nottingham), helped present Resolution No. 07-02, Series of 2007, Resolution approving Agreement between the County of Eagle, State of Colorado and the Town of Avon related to McGrady Acres PUD and Nottingham Cottages PUD Agreement. It was noted that the agreement is between governments that stipulates how the Town and Eagle County treat Tract B as part of the Nottingham Cottages PUD. Mr. Fox presented historical information related to the request and several maps of the properties. The primary goal was to straighten out the- lot lines in that area, and then include Tract B with the plat of the Nottingham Cottages PUD. It was discovered then that Tract B, owned by the trust for-Travis Nottingham, was in the Town of Avon and that would need to be addressed. Several options were considered by county staff and the IGA was decided upon as the proper solution to the problem. In summary, there is no land use, the PUD was approved early 2006 and the lot is basically open space. The following are additional comments related to the proposal: ✓ The lot line would get vacated ✓ Nothing was changed to the existing PUD ✓ The 1998 PUD includes a primary & secondary residence which would turn the existing house into some type of arts & crafts use with a-cottage concept on the river, primarily residential in nature with five smaller cottages, shorter term occupancy ✓ The sliver of land is open space area ✓ The larger lot 2 is a single family residence ✓ Avon would receive input into the referral process if there was a PUD amendment ✓ Margaret Beyer would be the person who could potentially develop the,property ✓ Some supported annexation of this property; it was thought that annexation might be addressed at the time of a proposed PUD amendment, but it would not likely occur at this time ✓ Avon would be interested in obtaining access to the river along this property ✓ Would prefer to see Tract B zoned as open space Councilor Underwood moved to approve Resolution No. 07-02, Resolution approving an Agreement between the County of Eagle, State of Colorado and the Town of Avon related to McGrady Acres PUD and Nottingham Cottages PUD Agreement with respect thereto on the condition that the Town gain through the IGA the right to approve or disapprove any 'PUD amendments hereafter. Mayor Pro Tem Sipes seconded the motion and it passed unanimously. John Dunn, Town Attorney, presented Resolution No. 07-04, Series of 2007,' Resolution approving an Intergovern mental Agreement with Confluence Metropolitan District. He noted that action on this item would limit the incremental tax revenues from the Riverfront Subdivision in the event an urban renewal authority is created. Councilors Kristi Ferraro, Brian Sipes & Rich Carroll recused themselves from the discussion and action on this item due to conflict of interest. It was noted that the agreement was for the benefit of East West Partners. It was also noted that the effect of the agreement would be that the urban renewal authority, if created, would not receive incremental property & specific ownership taxes otherwise payable to the Confluence' & Avon Station Metro District. The agreement would have no effect on incremental tax revenues assessed within Riverfront Subdivision and payable to other jurisdictions. Disucssion enused on the impacts of excluding different properties, i.e. the Confluence, Lot 61, Lot C, Lot B. Bill Ankele, White & Ankele Law Offices, representing the Districts, spoke about their preference to preserve the ability to collect taxes in light of the fact that the Districts will be issuing bonds in the near future. He explained how the Urban Renewal Authority might impact the Confluence and Avon Station Metro districts and their ability to get financing. Some discussion ensued on what properties have been modeled for the Urban Renewal Plans and that Lot B revenue streams were included in that scenario, and if that property were excluded, the scenario would be impacted. Jim Adams, East West Partners, commented on the Metro Districts financing aspect as well. Council was not supportive of excluding Lot B at this time; but was supportive of some language revisions in No. 1 of the Covenants - related to recognizing an impact of a zoning change. It was noted that this did not require a 2/3 vote. Regular Council Meeting Page 2 of 4 February 27, 2007 Councilor Underwood moved to approve Resolution No. 07-04, Series of 2007, Resolution approving an Intergovernmental Agreement with Confluence Metropolitan District, a blue-line document provided at the meeting and further containing language proposed by Mr. Bill Ankele at the end of paragraph 1 on page 3 of the IGA. It was' asked to include Avon Metro Station in this. agreement (since it was inadvertently left out in the agreement) and agreed to be included in the motion, by Councilor Underwood. Councilor Phillips seconded the motion and it passed unanimously by those present (Carroll, Ferraro, Sipes did not vote due to conflict of interest). Norm Wood, Town Engineer, presented Resolution No. 07-05, Series of 2007, Resolution approving the Final Plat of Lot 78, Block 4, Wildridge, Avon, Colorado / 5691 Wildridge Road East. He noted that Matt Breibach, owner of Lot 78, submitted a final plat for creating duplex lots on this parcel, Lot 78A & 78B. Mayor Pro Tern moved to approve Resolution No. 07-05; Councilor Phillips seconded the motion and it passed unanimously. Eric Heidemann presented a request made by CSC Land, LLC & CFC by reviewing letters submitted by both parties as property owner & contractor of the Gates on Beaver Creek, to extend the upcoming March 10th milestone date, which requires the completion of roofing for the entire building, to July 6, 2007. The property owners noted that the delay is due in part to the winter conditions, but that the final milestone date for the Certificate of Occupancy for July 31, 2008 would remain unchanged. Heidemann presented some of the history that has taken place with this project (included in council packet memo). He also explained that P&Z approved a staging area and agreement between the Gates project & Folson developer that includes a letter of credit held by the town as well. The ramifications of a possible default would be that the .agreement is null & void, the town would hold the $250K restoration bond and the funds paid to the Town for the housing impact fees. Mayor Wolfe read the resolution as submitted by' Town Attorney which presents a possible avenue for addressing this situation. Tim Barton, CSC Land, addressed Council noting they have been working diligently on the project; it has been the worst time of year to roof the building. And in light of this have asked for an extension of just this milestone. He noted that it would not impact the completion date for the project. He expressed confusion with some of the content of the resolution. Council comments included some of the following: ✓ The project has had huge impacts on Avon and the developer has not mitigated these impacts.. ✓ The developer is soon to be in default of the agreement. ✓ Pete Gemmel, Colorado First Construction, addressed the reasons why the project was behind schedule. Barton commented on the milestones that were set, noting that it is unusual for builders to work according to milestones. It was noted that the town did not impose the milestones; the developer set the milestone dates. The purpose for the milestones was to make sure the project was on track, since historically it has not been on schedule. It was noted that it has been very frustrating that the Town never hears until the 11th hour that there are problems with the schedule. ✓ . Noted that the conditions in the resolution are related to public benefit topics and it is time to have the project help pay for the benefits the community provides the development and this seems to be the appropriate opportunity to do just that. ✓ Discussion ensued on the topic of "the joint access to the owner's property with the property to the east". Staff-spoke further about this access and noted that it would lead to a more viable project for the Town of Avon. And that in fact the access was identified as a condition Regular Council Meeting Page 3 of 4 February 27, 2007 included in the original 1998 Ordinance. It was noted that the traffic movement that currently exists at those two properties is not a good scenario. ✓ Discussion ensued on the town's preference for whole ownership type units, also listed as a condition in the resolution. Mayor Wolfe asked that the Mr. Barton review the resolution and conditions and return at the next meeting to discuss each topic. Lary Brooks, Town Manager, noted that the access issue must be resolved at this time. Councilor Ferraro moved to approve Resolution No. 07-07, Series of 2007, Resolution Modifying A Milestone for Completion of Construction of the Gates on Beaver Creek, formerly The Chateau St. Claire Planned Unit Development. Mayor Pro Tern Sipes seconded the motion and it passed with a five to one vote (Dantas nay). TOWN MANAGER REPORT Town Attorney Report John Dunn, Town Attorney, noted that the Union Pacific permits should be in hand in the near future; hopefully an agreement with B&B will be in hand as well to begin construction. CONSENT AGENDA Mayor Wolfe asked for a motion on the Consent Agenda. Councilor Underwood moved to adopt the consent agenda; Councilor Phillips seconded the motion and it passed unanimously. a. Minutes from February 13, 2007 b. Service Agreement for Town of Minturn There being no further business to come before the Council, the regular meeting adjourned at 8 PM. APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Brian Sipes Tamra Underwoi Ron Wolfe Regular Council Meeting Page 4 of 4 February 27, 2006 oEq RESPECTFULLY SUBMITTED: r-N